In Chile, just like in any other country, it’s common for people to accumulate debt over time. While some are able to manage their finances and repay their loans on time, others may find themselves struggling to keep up with payments, resulting in debt collection efforts from creditors. However, debtors in Chile do have legal rights, and there are ways to defend themselves against aggressive debt collection tactics. This is what is known as “defensa deudores” in Spanish.
One of the most important things for debtors to keep in mind is that they have the right to be treated with respect and dignity by their creditors. Debt collectors in Chile are not allowed to use abusive or threatening language, nor can they harass or intimidate debtors in any way. If a debtor feels that their rights are being violated, they can file a complaint with the Chilean Consumer Protection Agency (SERNAC).
Another important tool that debtors in Chile can use to protect themselves is the “acción de nulidad de la cláusula de aceleración” (nullity action of the acceleration clause). This legal action can be used when a creditor tries to accelerate the repayment of a debt, which means demanding the full amount owed immediately
instead of allowing the debtor to continue making regular payments. If the acceleration clause is found to be abusive or unfair, the nullity action can be used to challenge it in court.
Debtors in Chile also have the right to negotiate with their creditors and come up with a repayment plan that works for both parties. This can be done through a “acuerdo extrajudicial de pago” (extrajudicial payment agreement), which is a legal document that outlines the terms of the repayment plan. Debtors who are struggling to keep up with their payments can use this tool to avoid legal action and protect their credit score.
It’s important to note that while debtors in Chile do have legal rights, they also have responsibilities. If a debtor fails to make payments on their loans, they can be subject to legal action, including wage garnishment and property seizure. However, by working with their creditors and taking advantage of the legal tools available to them, debtors can protect themselves and avoid unnecessary financial hardship.
In conclusion, “defensa deudores” (debtors defense) is an important concept in Chilean law, and it’s something that every debtor should be aware of. By understanding their legal rights and responsibilities, debtors can protect themselves from abusive debt collection tactics and work towards a more manageable repayment plan. Whether through negotiation with their creditors or legal action in court, there are ways for debtors to defend themselves and achieve financial stability.